Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada

1. Child Custody Rights and Legislation

This Response to Information Request is an update to Responses to Information Requests MEX103802 of September 2011 and MEX106366 of February 2020.

According to a Thomson Reuters' Practical Law Canada guide written by Ana Maria Kudisch Castelló, a lawyer based in Mexico City who practices family law, the primary sources of legislation in Mexico are the States' Civil Codes and State Codes of Civil Procedure (Thomson Reuters 1 Nov. 2020).

In correspondence with the Research Directorate in 2011, a principal researcher with the National Autonomous University of Mexico's Institute of Legal Research (Instituto de Investigaciones Jurídicas de la Universidad Nacional Autónoma de México, UNAM) explained that each state has its own civil or family code for regulating the rights of families, including guardianship and custody of children (Principal Researcher 17 Aug. 2011). The same source added that when certain rights or obligations are not covered by a state's civil or family code, the Federal Civil Code (Código Civil Federal) applies (Principal Researcher 17 Aug. 2011). In correspondence with the Research Directorate in March 2022, a researcher at the Instituto Belisario Domínguez of Mexico's Senate corroborated this information (Researcher 29 Mar. 2022).

The Federal Civil Code, last amended in 2021, provides the following:

[translation]

In case of the separation of those exercising parental authority (patria potestad), both shall continue to fulfill their obligations and may agree on the terms of its exercise, particularly with regard to the custody and guardianship of the minors. In case of disagreement, the Family Court Judge will rule on the question at issue upon hearing the Office of the Prosecutor General (Ministerio Público), without prejudice to the provisions in Article 94 of the Code of Civil Procedures for the Federal District.

In such a case, based on the best interest of the minor, the minor will be under the care of one of the parental authorities. The other authority shall be obliged to assist in feeding [the minor] and shall retain the rights to supervise and to reside with the minor, in accordance with the provisions described in the judicial agreement or decision. (Mexico 1928, Art. 416)

According to sources, the main difference between parental authority and custody is that custody refers to who the minor will live with, while parental authority can be exercised by both parents, regardless of who the children live with (El Sol de Tijuana 29 Apr. 2021; Mexico Nov. 2010, 54-55).

In the Thomson Reuters guide, the family lawyer explains that it is the family judge who has jurisdiction in the area where the marital domicile is located that can hear the dispute (Thomson Reuters 1 Nov. 2020, Q.1–2). The same source indicates that family courts are separate from ordinary courts and that all hearings are private and kept confidential (Thomson Reuters 1 Nov. 2020, Q.1–2).

1.1 Custody

The Thomson Reuters guide to family law in Mexico states the following:

Custody of the child will be given to the best guardian decided between both parties on hearing the child and taking into account the child's best interests. The parties can agree on shared custody of the children, or that one of them will be the custodial parent. If there is no agreement, the child will be heard and the judge will decide. A child of any age will be heard if the child has full language capacity and it is a violation of the constitution if they are not heard in matters that affect them. Being heard is part of the child's best interests. (Thomson Reuters 1 Nov. 2020, Q.2)

Article 23 of the General Law on the Rights of Children and Adolescents (Ley General de los Derechos de Niñas, Niños y Adolescentes) provides the following:

[translation]

Children and teenagers whose families are separated will have the right to live with or maintain personal relations or direct contact with their family members on a regular basis, except in cases where the competent court determines that it is not in the best interests of the child, subject to the precautionary and protective measures set out by the competent authorities in the respective proceedings, in which the right to a hearing of all parties involved, especially children and adolescents, must be guaranteed.

... (Mexico 2014)

The National Commission for Human Rights (Comisión Nacional de los Derechos Humanos, CNDH) indicates that the parent who has guardianship and custody of a child has the right to choose, in consultation with the child, the place of residency, as long as it does not impede the right of the child to maintain regular contact with the other parent (Mexico Dec. 2020a).

The Thomson Reuters guide indicates that judges will "typically" rule according to the best interests of the children, which comes before the interests of the parents (Thomson Reuters 1 Nov. 2020, Q.28).

Sources indicate that the Supreme Court of Mexico declared article 282(B)(II), third paragraph, of Mexico City's Civil Code unconstitutional (US 18 Dec. 2019; Mexico 21 Nov. 2019). According to an article published in 2019 by the US Library of Congress,

[o]n November 21, 2019, the First Chamber of the Supreme Court of Mexico declared unconstitutional a controversial provision of the Civil Code of Mexico City that gives mothers automatic preferential provisional custody of their children under 12 years of age in divorce proceedings. The Court determined that article 282(B)(II), third paragraph of the Code violates the principle of the best interests of the child because it displaces the judge's role of evaluating the particular circumstances of each specific case to determine the person best able to meet the affective and care needs of a child. (US 18 Dec. 2019)

Article 282(B)(II) of the Mexico City's Civil Code, last amended in 2021, provides the following:

[translation]

Place the children in the care of the person designated by common agreement of the spouses, so that they can share the guardianship and custody that have been agreed.

In the absence of such agreement; the Family Court Judge will rule in accordance with Title Sixteen of the Code of Civil Procedures, taking into account the opinion of the minor.

Children under twelve years of age shall remain in the care of the mother, except in cases of domestic violence when the mother is the cause of the violence or there is serious danger to the normal development of the children.

The fact that the mother lacks economic resources will not hinder a preference for maternal custody; … (Mexico City 1928)

1.2 Parental Authority

A coordinator with the Network for Children's Rights in Mexico (Red por los Derechos de la Infancia en México, RDIM) [1] explained, in correspondence with the Research Directorate in 2011, that parental authority is the right to exercise legal authority over the child by making legal decisions on his or her behalf, and the responsibility to raise and protect the child (RDIM 10 Aug. 2011). According to a Mexico Supreme Court publication, parental authority includes the responsibility to raise the child as well as the right to guardianship and custody (i.e., [translation] "'the possession, supervision, protection and care of the minor'") or, failing that, the right to visit and live with the child (Mexico Nov. 2010, 64, 68, 72).

The Thomson Reuters guide reports that family law in Mexico is considered a public order and social interest law, which means that certain rights, such as the principle of parental responsibility, cannot be waived (Thomson Reuters 1 Nov. 2020, Q.1). According to the RDIM Coordinator, parental authority is automatically granted to both parents; however, if the best interests of the child are threatened through violence or situations that put the child's personal safety or health at risk, parental authority can be granted to just one of the child's parents or to second-degree blood relatives such as grandparents, siblings, uncles or aunts (RDIM 10 Aug. 2011). The Researcher indicated that [translation] "generally speaking," the above statement is "'correct'" according to the Federal Civil Code, but that state civil codes may vary (Researcher 29 Mar. 2022).

Article 444 of the Federal Civil Code states that parental authority can be lost by [translation] "judicial resolution" for the following reasons:

[translation]

1. Where the individual exercising such authority is expressly sentenced to loss of that right;
2. In cases of divorce, taking into account the provisions of Article 283;
3. When the depraved habits of the parents, bad treatment or neglect of their duties, could compromise the health, safety or morality of the children, even when these acts do not fall under the sanction of criminal law;
4. When the father or mother subject their children to exposure or leave them abandoned for more than six months;
5. When the person exercising it is convicted for the commission of an intentional crime in which the victim is a minor; and
6. Where the individual exercising such authority is convicted two or more times of serious offences. (Mexico 1928)

Article 323 ter of the same source provides the following:

[translation]

Family violence is considered to be the intentional use of physical or moral force or any act intended to cause pain, discomfort or humiliation, including corporal and humiliating punishment of children and adolescents, as well as serious omissions by a family member against another member of the family, which threaten their physical, psychological and emotional integrity, regardless of whether or not such acts may cause injuries, provided that the aggressor and the victim live in the same household and there is a relationship of kinship, marriage or cohabitation. (Mexico 1928)

1.3 Domestic Violence and Parental Rights

In an information pamphlet on the rights of children in cases of parental separation or divorce, the CNDH states that the right to maintain personal relationships and direct contact with both parents may not apply in cases where this conflicts with the child's safety and well-being: for example, if that parent has exercised violence against the child (Mexico Dec. 2020b).

Mexico's General Law on Women's Access to a Life Free of Violence (Ley General de Acceso de las Mujeres a una Vida Libre de Violencia) provides the following:

[translation]

ARTICLE 34 Three - Administrative protection orders, in addition to those provided for in other ordinances, may consist of one or more of the following:

…

XIV. Request to the competent judicial authority for the temporary suspension of the aggressor's visits to and cohabitation with his or her progeny; ... (Mexico 2007)

In correspondence with the Research Directorate, a Morelos-based lawyer from a firm with areas of legal expertise including family law, and which also has offices in Mexico City and Querétaro, stated that, in Mexico, the best interests of the child are protected in cases of danger due to violence; therefore, in cases of domestic violence, women must go before the Office of the Prosecutor General to advise them of the situation and explain why the children or minors should remain in her care (Lawyer 7 Oct. 2019). In correspondence with the Research Directorate, an attorney at a law firm in Mexico City, whose areas of practice include civil law, indicated, [regarding individuals in Mexico City], that in cases of family violence, a complaint must be filed with the Mexico City Attorney General's Office (Procuraduría General de Justicia de la Ciudad de México), so as not to be charged with the crime of abandonment [and/or] unlawfully separating a minor from their parent (Attorney 7 Oct. 2019).

The Thomson Reuters guide to family law in Mexico states that

[T]he Mexican courts were closed for four months during the 2019 coronavirus disease (COVID-19) pandemic. In addition, many people lost their jobs and could not pay alimony, child support or spousal support. Others had to sue to obtain it.

Visitation rights changed and many children could not see their parents until visitation by Zoom [internet videoconference] was allowed by the court, especially for parents in the middle of family proceedings. Other children of separated couples could not see their parents and went to live with grandparents or other relatives during the pandemic, leaving many parents unable to see their children in person. (Thomson Reuters 1 Nov. 2020, Q.39)

Sources indicate that domestic violence has increased during the pandemic (Thomson Reuters 1 Nov. 2020, Q.39; La Jornada 6 Nov. 2020; Sánchez-Talanquer, et al. 12 Apr. 2021, 32) which has forced the authorities to implement "temporary measures" to curb the rise in domestic violence (Thomson Reuters 1 Nov. 2020, Q.39). A report by lead author Mariano Sánchez-Talanquer, an academy scholar of Harvard University and assistant professor of El Colegio de México, published by the University of California San Francisco (UCSF) Institute of Global Health Sciences (IGHS), indicates that "public policy at the federal level has failed to adapt to the realities of violence against women and the new risks created by the pandemic" (Sánchez-Talanquer, et al. 12 Apr. 2021, 2, 32). Additional information on the temporary measures, including whether it includes child custody, could not be found be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Procedure for a Parent to Locate the Other Parent and/or Child
2.1 Legislation on Missing Children

The General Law on the Rights of Children and Adolescents provides the following on missing children:

[translation]

Article 24

The federal, state and municipal authorities, and those of the territorial demarcations of Mexico City, shall, within the scope of their respective jurisdictions, establish the necessary norms and mechanisms to help locate the families of children and adolescents when they have been deprived thereof, and to reunite them with their families, except where this is contrary to their best interests.

…

Article 25

Federal and state laws shall contain provisions to prevent and punish the illegal removal or unlawful withholding of children and adolescents when these occur in violation of the rights attributed individually or jointly to persons or institutions exercising parental authority, tutelage or guardianship and custody, and shall provide for expeditious procedures to guarantee the exercise of these rights.

In cases in which children or adolescents are illegally removed or unlawfully withheld outside the national territory, the person concerned may submit the respective request for return to the Ministry of Foreign Affairs [Secretaría de Relaciones Exteriores, SRE], so that the latter may take the corresponding action within the framework of its powers in accordance with the provisions of international instruments and other applicable provisions.

When state authorities have knowledge of cases of children or adolescents of Mexican nationality who have been illegally removed or unlawfully withheld abroad, they shall coordinate with the competent federal authorities, in accordance with the other applicable provisions, to locate those children or adolescents and have them returned.

When a child or adolescent is illegally removed or unlawfully withheld within the national territory, or where they have been legally removed but is being unlawfully withheld , the federal, state and municipal authorities, and those of the territorial demarcations of Mexico City, within the scope of their respective jurisdictions, shall be required to assist in locating that child or adolescent by means of search, locating and recovery programs; in taking all necessary measures to prevent them from suffering further harm; and in administering the emergency procedures necessary to ensure their immediate return, where appropriate in accordance with international treaties on child abduction. (Mexico 2014)

2.2 Locating a Child within Mexico

The lawyer stated that once a family law-related proceeding, including divorce, custody or guardianship, has been initiated before the court, if the address or location of the other parent is unknown and they fail to comply with their obligation to the child, a parent can request that the judge issue an order to government institutions such as the Mexican Social Security Institute (Instituto Mexicano del Seguro Social), the Tax Administration Service (Servicio de Administración Tributaria), among others, to search in their respective databases on the estranged parent (Lawyer 7 Oct. 2019). The solicited institution would provide available data on that person, including the address where the person can be located (Lawyer 7 Oct. 2019). The attorney indicated that the request for ex parte proceedings (jurisdicción voluntaria), can be made before a family court judge to issue an order to different government or private agencies to search and locate the whereabouts of the parent and child (Attorney 7 Oct. 2019). The same source added that ex parte proceedings can be requested [translation] "even in the absence of a conflict between the parents" (Attorney 7 Oct. 2019). Information on cases for which ex parte proceedings would be denied could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources indicate that a complaint can be filed with the Office of the Attorney General (Fiscalía General de la República, FGR) to investigate cases of kidnapping (Mexico Dec. 2020a; Attorney 7 Oct. 2019), abduction, unlawful withholding and concealment of a child (Mexico Dec. 2020a). The CNDH indicates that the FGR issues [translation] "the necessary precautionary measures," and where appropriate, an amber alert (Mexico Dec. 2020a). The website of the FGR indicates that an amber alert is issued in cases in which the child is under 18, there is an [translation] "imminent risk of serious harm," and there is "sufficient information" about the child such as name, age, sex, physical characteristics, the circumstances under which the child went missing, and details of persons or vehicles involved (Mexico n.d.a). The same source indicates that an amber alert "is independent of the investigation," and if an amber alert is not issued, [translation] "[t]he corresponding authority within the framework of its powers, will carry out the necessary actions for the investigation and prompt location of children and adolescents" (Mexico n.d.a).

2.3 Locating a Child Outside of Mexico

The website of the Ministry of Foreign Affairs indicates that Mexico has ratified the Hague Convention on the Civil Aspects of International Child Abduction and the Inter-American Convention on the International Return of Children (Mexico 30 Sept. 2017a). The Hague Convention establishes that each state party shall designate a Central Authority which is responsible for "co-operat[ing] with [other Central Authorities] and promot[ing] co-operation amongst the competent authorities in their respective States to secure the prompt return of children and to achieve the other objects of [the] Convention" (HCCH 25 Oct. 1980, Art. 6-7). The General Directorate for the Protection of Mexicans Abroad (Dirección General de Protección a Mexicanos en el Exterior) is Mexico's Central Authority for the Hague Convention (HCCH 20 Nov. 2019).

The website of the SRE indicates that if a child is taken to another country without the consent of one of the parents, that parent can obtain assistance at the nearest office of the SRE within Mexico or at the office of the General Directorate for the Protection of Mexicans Abroad in Mexico City (Mexico 30 Sept. 2017a). If the parent is abroad in a country party to the Hague Convention, he or she can go to the designated Central Authority in that country (Mexico 30 Sept. 2017a). If the country is not a party to the Hague Convention, the parent can go to the Mexican embassy or consulate (Mexico 30 Sept. 2017a). In correspondence with the Research Directorate, a representative of the FGR's Special Prosecutor for Crimes of Violence Against Women and Trafficking in Persons (Fiscalía Especial para los Delitos de Violencia Contra las Mujeres y Trata de Personas, FEVIMTRA) indicated that parents can obtain such assistance regardless of the nationality of the child or parent (Mexico 31 Oct. 2019).

In order to request the restitution from abroad of a child or obtain visiting rights abroad, a parent must submit a form called "Application for Assistance Under the Hague Convention on the Civil Aspects of International Child Abduction" (Solicitud de asistencia con base en la Convención de la Haya sobre Aspectos Civiles de la Sustracción Internacional de Menores) (Mexico 30 Sept. 2017a). A copy of the form is available online (Mexico n.d.b).

A document produced by the SRE's General Directorate for the Protection of Mexicans Abroad on child abduction indicates that, between January and September 2017, 197 cases involving 294 minors were opened, and 198 cases involving 294 minors were concluded (Mexico 30 Sept. 2017b, 4, 15). Of the cases that were opened, Mexico was the petitioner in 138 cases, and received the petition from another country in 59 cases (Mexico 30 Sept. 2017b, 4). The same source indicates that on 30 September 2017, 434 cases remained active (Mexico 30 Sept. 2017b, 13).

In the Mexico section of its 2021 international child abduction annual report, the US Department of State indicates the following:

Location: In some cases, the competent authorities delayed taking appropriate steps to locate a child after a Convention application was filed. The average time to locate a child was 151 days. The median time to locate a child was 31 days. As of December 31, 2020, there were 27 cases where the Mexican authorities were unable to initially locate a child.

Judicial Authorities: The judicial authorities of Mexico routinely reached timely decisions. However, delays by the Mexican judicial authorities at the appellate level impacted cases during 2020. Delays were often related to the "amparo," a constitutionally based injunction that suspends the effects of a lower court's decision.

Enforcement: Decisions in Convention cases in Mexico were generally enforced in a timely manner.

Access: In 2020, the U.S. Central Authority acted on a total of nine open access cases under the Convention in Mexico. Of these, three cases were opened in 2020. A total of six cases have been filed with the Mexican Central Authority. Two of these cases were filed in 2020. By December 31, 2020, one case (11 percent) was resolved and one case was closed for other reasons. The one resolved case was by a voluntary agreement between the parents. By December 31, 2020, seven of these cases remained open. Four of these cases have been pending with the Mexican authorities for more than 12 months. (US Apr. 2021, 145, bold in original)

3. Child Abduction and Legal Recourse to Protection in Custody Situations

The lawyer indicated that a parent cannot move a child to another place without notifying the other parent (Lawyer 7 Oct. 2019). Sources indicate that separating a minor from one of their parents is considered a crime (Attorney 7 Oct. 2019; Mexico Dec. 2020a) that will be investigated ex officio (Attorney 7 Oct. 2019). In a document on the guardianship and custody rights of children, the CNDH states that a parent who refuses to return a child to their home, hides the child, or transfers the child to a place other than the usual residence without the consent of the other parent, can incur criminal charges (Mexico Dec. 2020b). The same source further indicates that a parent who has guardianship and custody of a child and unjustifiably refuses the child access to the other parent, may incur fines, detention, or loss of guardianship and custody (Mexico Dec. 2020b).

Regarding the international abduction of children from Mexico, the Thomson Reuters guide indicates that

Mexico is party to the Hague Child Abduction Convention, so the position [of the Mexican authorities] is that a child should be returned to the centre of its life as soon as possible. The relevant central authority in Mexico is the Ministry of Foreign Affairs, Family Law Department, which will present the request to the Mexican judge to rule on, or send the request for the return of a child all over the world (if the foreign jurisdiction is also a party to the Hague Child Abduction Convention).

…

According to the Hague Child Abduction Convention, Article 13 allows for the removal of a child outside of Mexico [where] there is violence. In Mexico, violence must be proved before the authorities will protect the parent and child from it.

If one parent wants to go … live in another country, they must present a claim before the family judge that:

• They wish to move ab[r]oad and there is permission from the other parent.
• They wish to move abroad without permission from the other parent but with proof that there will be a better life, parental employment, better educational opportunities for the children and the promise of visitation rights with the non-travelling parent so they can continue to have a relationship. The child can also speak directly with the judge to express their opinion.

This procedure can last for a year until a final judgment is reached. (Thomson Reuters 1 Nov. 2020, Q. 29-30)

3.1 Amparo

The legal remedy of the writ of amparo (juicio de amparo) is included in Articles 103 and 107 of the Mexican constitution (RDIM 10 Aug. 2011; Avalos and Donnadieu Nov./Dec. 2019, Sec. 2.4.1). According to an article about researching Mexican law and the Mexican legal system [2] "'amparo' literally means favor, aid, protection or shelter" and that there are five classes of amparo as follows:

1. "amparo" as a defense of individual rights such as life, liberty, and personal dignity; 2) "amparo" against laws (defending the individual against unconstitutional laws); 3) "amparo" in judicial matters (examine the legality of judicial decisions); 4) administrative "amparo" (providing jurisdiction against administrative enactments affecting the individual); 5) "amparo" in agrarian matters (protecting the communal ejidal rights of the peasants). (Avalos and Donnadieu Nov./Dec. 2019, Sec. 2.4.1)

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The Network for Children's Rights in Mexico (Red por los Derechos de la Infancia en México, RDIM) is a "coalition of 72 [c]ivil [s]ociety [o]rganizations, located in 18 states of the Republic, whose purpose is to promote and defend the rights of [c]hildren in Mexico" (RDIM n.d.).

[2] The article is available through GlobaLex, an electronic publication by the Hauser Global Law School Program at New York University (NYU) School of Law (GlobaLex n.d.). It was updated in 2019 by one of its co-authors, Francisco A. Avalos, the author of books and articles on Mexico's legal system and former Foreign and International Law Librarian at the University of Arizona College of Law Library (Avalos and Donnadieu Nov./Dec. 2019).

References

Attorney, Mexico City. 7 October 2019. Correspondence with the Research Directorate.

Avalos, Francisco A. and Elisa Donnadieu. November/December 2019. "Update: Researching Mexican Law and Mexican Legal System." GlobaLex, Hauser Global Law School Program, New York University (NYU) School of Law. [Accessed 29 Mar. 2022]

El Sol de Tijuana. 29 April 2021. Gabriella Arellano. "¡Cuidado! No respetar la custodia y la visita a los hijos tiene estas consecuencias." [Accessed 29 Mar. 2022] ]

GlobaLex, Hauser Global Law School Program, New York University (NYU) School of Law. N.d. "About Globalex." [Accessed 2 July 2021]

Hague Conference on Private International Law (HCCH). 20 November 2019. "Mexico - Central Authority." [Accessed 29 Mar. 2022]

Hague Conference on Private International Law (HCCH). 25 October 1980. Convention on the Civil Aspects of International Child Abduction. [Accessed 29 Mar. 2022]

La Jornada. 6 November 2020. Gustavo Castillo García. "Pandemia dispara violencia familiar y discriminación, alerta la Corte." [Accessed 29 Mar. 2022]

Lawyer, Cuernavaca, Morelos. 7 October 2019. Correspondence with the Research Directorate.

Mexico. December 2020a. Comisión Nacional de los Derechos Humanos (CNDH). Sustracción y retención de niñas, niños y adolescentes. [Accessed 29 Mar. 2022]

Mexico. December 2020b. Comisión Nacional de los Derechos Humanos (CNDH). Guarda y custodia: Niñas, niños y adolescentes tienen derecho a ser cuidados, protegidos y a ver satisfechas sus necesidades. [Accessed 29 Mar. 2022]

Mexico. 21 November 2019. Suprema Corte de Justicia de la Nación (SCJN). "SCJN declara inconstitucional la norma que otorga a las madres la preferencia automática para ejercer la guarda y custodia provisional de los niños menores de doce años en los juicios de divorcio (legislación de la CDMX)." [Accessed 29 Mar. 2022]

Mexico. 31 October 2019. Fiscalía General de la República (FGR). Correspondence with the Research Directorate.

Mexico. 30 September 2017a. Secretaría de Relaciones Exteriores (SRE). "Sustracción y restitución internacional de las y los menores." [Accessed 29 Mar. 2022]

Mexico. 30 September 2017b. Secretaría de Relaciones Exteriores (SRE). "Sustracción y retención internacional de menores: Análisis estadístico 2016-2017." [Accessed 29 Mar. 2022]

Mexico. November 2010. Suprema Corte de Justicia de la Nación (SCJN). "Temas selectos de derecho familiar: patria potestad." [Accessed 11 Mar. 2022]

Mexico. 2014 (amended 2021). Ley General de los Derechos de Niñas, Niños y Adolescentes. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 29 Mar. 2022]

Mexico. 2007 (amended 2021). Ley General de Accesso de las Mujeres a una Vida Libre de Violencia. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 29 Mar. 2022]

Mexico. 1928 (amended 2021). Código Civil Federal. Excerpts translated by the Translation Bureau, Public Works and Government Services Canada. [Accessed 22 Mar. 2022]

Mexico. N.d.a. Fiscalía General de la República (FGR). "Preguntas frecuentes." [Accessed 29 Mar. 2022]

Mexico. N.d.b. Secretaría de Relaciones Exteriores (SRE). "Solicitud de asistencia con base en la Convención de la Haya sobre Aspectos Civiles de la Sustracción Internacional de Menores." [Accessed 28 Apr. 2022]

Mexico City. 1928 (amended 2021). Código Civil para el Distrito Federal. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 29 Mar. 2022]

Principal Researcher, Instituto de Investigaciones Jurídicas, Universidad Nacional Autónoma de México (UNAM). 29 August 2011. Telephone interview with the Research Directorate.

Red por los Derechos de la Infancia en México (RDIM). 10 August 2011. Telephone interview with the Coordinator, Área de Legislación y Políticas Públicas.

Red por los Derechos de la Infancia en México (RDIM). N.d. "About Us." [Accessed 29 Mar. 2022]

Researcher, Instituto Belisario Domínguez, Senado de la República, Mexico. 29 March 2022. Correspondence with the Research Directorate.

Thomson Reuters. 1 November 2020. Practical Law Canada. "Family Law in Mexico: Overview." By Ana Maria Kudisch Castelló. [Accessed 29 Mar. 2022]

United States (US). April 2021. Department of State. "Mexico." Annual Report on International Child Abduction 2021. [Accessed 29 Mar. 2022]

United States (US). 18 December 2019. Library of Congress. "Mexico: Supreme Court Declares Automatic Child Custody Provision Unconstitutional." [Accessed 29 Mar. 2022]

Sánchez-Talanquer, Mariano, et al. 12 April 2021. Mexico's Response to COVID-19: A Case Study. University of California San Francisco (UCSF), Institute for Global Health Sciences (IGHS). [Accessed 29 Mar. 2022]

Additional Sources Consulted

Oral sources: Lawyer specializing in family law and divorce in Mexico; Mexico – Procuraduría de la Defensa del Menor y la Familia; Red por los Derechos de la Infancia en México; researcher in family law at a Mexican university; sociology professor at a Mexican university.

Internet sites, including: Amnesty International; Austrian Red Cross – Austrian Centre for Country of Origin and Asylum Research and Documentation; ecoi.net; El Confidencial; elContribuyente; Factiva; Human Rights Watch; Mexico – Instituto Mexicano del Seguro Social; Organisation for Economic Co-operation and Development; UN – Refworld.